causation
80 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-990 | Nationwide Biweekly Administration, Inc., et al. v. Consumer Financial Protection Bureau | Ninth Circuit | 2026-02-19 | Pending | administrative-law causation Collins-v-Yellen due-process presidential-removal stigma-plus-doctrine | 1. Whether a party seeking retrospective relief under Collins v. Yellen may prove causation through circumstantial evidence —or must produce direct ev… | |
| 25A925 | James L. Martin v. Bruce L. Hudson, et al. | Delaware | 2026-02-18 | Application | causation conditional-payment liability-insurance medical-expenses medicare-subrogation social-security-act | Question not identified. | |
| 25A472 | Takeda Pharmaceutical Company Limited, a Japanese Corporation, et al. v. Painters & Allied Trades District Council 82 Health Care Fund, third-party healthcare payor fund, et al. | Ninth Circuit | 2025-10-24 | Application | causation class-certification individualized-damages injury-requirement rico-claim third-party-payor | Question not identified. | |
| 25A229 | Allen Michael Sherrill v. Michigan | Michigan | 2025-08-27 | Presumed Complete | causation criminal-homicide due-process intent involuntary-manslaughter sufficiency-of-evidence | Question not identified. | |
| 24-1174 | Chelsea A. Hamilton v. David Steiner, Postmaster General | Fifth Circuit | 2025-05-15 | Denied | Response Waived | causation civil-rights employment-discrimination retaliation supreme-court-precedent title-vi | I. Did the Fifth Circuit err in affirming the dismissal of Hamilton's Title VI retaliation claim by improperly requiring proof of causation inconsiste… |
| 24-620 | Jaime H. Pizarro, et al. v. The Home Depot, Inc., et al. | Eleventh Circuit | 2024-12-06 | Dismissed | CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) | burden-shifting causation erisa fiduciary-duty statutory-interpretation trust-law | This case raises a long-unresolved question at the heart of ERISA's fiduciary enforcement provisions. The Employee Retirement Income Security Act of 1… |
| 24-527 | Emory D. Christian v. Rancho Grande Manufactured Home Community, et al. | Ninth Circuit | 2024-11-08 | Denied | Response Waived | causation civil-rights constitutional-intent judicial-discretion procedural-law rule-12b6 | Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Comcast v. National Association of African American-O… |
| 24-427 | Ronald Hittle v. City of Stockton, California, et al. | Ninth Circuit | 2024-10-16 | Denied | Amici (10)Relisted (5) | burden-shifting causation employment-discrimination motivating-factor supreme-court-precedent title-vii | 1. Whether this Court should overrule McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). 2. Whether step three of the McDonnell Douglas burden-sh… |
| 24-5491 | Phile Andra Watson v. Louis DeJoy, Postmaster General | Fifth Circuit | 2024-09-09 | Denied | Response WaivedRelisted (2)IFP | adverse-action causation employment-discrimination mixed-motive retaliation title-vii | 1. Whether Title VII's retaliation provision and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer woul… |
| 24-67 | Tammie L. Terrell v. Denis R. McDonough, Secretary of Veterans Affairs | Eleventh Circuit | 2024-07-19 | Denied | Response Waived | age-discrimination-in-employment-act burden-of-proof but-for-causation causation differential-treatment employment-discrimination federal-employment personnel-action retaliation title-vii | 1. Whether differential treatment must contribute to the ultimate decision. 2. Whether the burden shifts to the defendant to establish it would have … |
| 24-49 | James E. Hitch v. The Frick Pittsburgh | Third Circuit | 2024-07-16 | Denied | adverse-action burden-of-proof causation civil-procedure civil-rights discrimination employment employment-law retaliation | Whether James E. Hitch has proven a claim for retaliation under the " but for" causation test? | |
| 24-5069 | Phile Andra Watson v. FedEx Express | Fifth Circuit | 2024-07-12 | Denied | Relisted (2)IFP | ada-discrimination americans-with-disabilities-act but-for-causation causation causation-standard congressional-intent disability-discrimination disability-rights employment-law motivating-factor | The Americans with Disabilities Act (ADA) forbids discrimination "on the basis of" disability, but does not specifically set forth the standard to be … |
| 23-1283 | Doris Lapham v. Walgreen Co. | Eleventh Circuit | 2024-06-07 | Denied | Response Waived | adverse-employment-action causation causation-standard circuit-split department-of-labor department-of-labor-regulation employment-law employment-retaliation family-medical-leave-act fmla retaliation | The Family and Medical Leave Act makes it "unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, … |
| 23-1138 | Angela Williams, et al. v. Joseph Lombardo, Governor of Nevada, et al. | Ninth Circuit | 2024-04-19 | Denied | Response Waived | 13th-amendment article-iii-standing causation civil-procedure civil-rights government-liability section-1983 standing thirteenth-amendment trafficking-victims-protection-act | Petitioners were sex trafficked within Nevada's legalized prostitution system, and sued the businesses that trafficked them, and the government entiti… |
| 23A924 | Waples Mobile Home Park Limited Partnership, et al. v. Jose Dagoberto Reyes, et al. | Fourth Circuit | 2024-04-16 | Presumed Complete | causation disparate-impact fair-housing-act housing-discrimination policy-challenge statistical-evidence | 1. This case presents an important issue about disparate-impact liability under the Fair Housing Act ("FHA"), 42 U.S.C. § 3604. In Texas Department of… | |
| 23-874 | Impossible X LLC v. Impossible Foods Inc. | Ninth Circuit | 2024-02-14 | Denied | causation civil-procedure declaratory-judgment declaratory-relief due-process forum-contacts personal-jurisdiction specific-jurisdiction trademark-noninfringement | Under the U.S. Constitution, courts may not exercise specific personal jurisdiction unless the plaintiff's alleged injury "arise s out of or relate s … | |
| 23-252 | United States, ex rel. Michelle Calderon v. Carrington Mortgage Services, LLC | Seventh Circuit | 2023-09-15 | Denied | Response Waived | appellate-review causation civil-penalties civil-procedure due-process false-claims-act materiality summary-judgment | Did the Appellate Panel erroneously uphold the granting of summary judgment in favor of Respondent in finding no evidence of causation for a jury to c… |
| 23-5587 | Daniel Carrington v. United States | Fourth Circuit | 2023-09-14 | Denied | Response WaivedIFP | burden-of-proof causation controlled-substance controlled-substances criminal-law death-causation due-process proximate-cause reasonable-doubt statutory-interpretation | WHETHER THIS COURT'S DECISION IN UNITED STATES V. BURRAGE, 571 U.S. 204 (2014), CREATED A BRIGHT LINE RULE ESTABLISHING A RIGHT OF THE DEFENDANT TO PR… |
| 23-5453 | Pedro Ramirez-Urbina v. United States | Fifth Circuit | 2023-08-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment | Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted—committing an alien-smuggling offense that resulted in a death—… |
| 22-1211 | Uvaldo Guzman v. Skinner C. Sturgis, et al. | Fifth Circuit | 2023-06-14 | Denied | Response Waived | causation causation-element civil-rights constitutional-rights deliberate-indifference due-process government-officials retaliation retaliation-claim subjective-intent taunts | 1. When government officials state their intent to continue to violate an individual's constitutional rights while actually violating them, can those … |
| 22-7683 | Michael Dewayne Alfred v. United States | Fifth Circuit | 2023-06-01 | Denied | Response WaivedIFP | 18-usc-2259 causal-role causation criminal-procedure criminal-sentencing restitution sentencing statutory-interpretation statutory-maximum victim-compensation | When imposing restitution under 18 U.S.C. § 2259(b)(2), does the district court's restitution order exceed the statutory maximum when that court fails… |
| 22-7512 | Eric Scott Kindley v. United States | Eighth Circuit | 2023-05-11 | Denied | Response WaivedIFP | 18-usc-2412 causation civil-rights constitutional-error criminal-conviction criminal-procedure due-process false-evidence government-agents judicial-review jury-unanimity | (1) whether the yuo vecds to be ua mous, tv Fide on elemats that are the causation oF de PAWATIOn UNVEZ IDUSC 2412, and where spect catly wetructinie … |
| 22-7250 | Willie T. Washington v. University of Texas Medical Branch, et al. | Fifth Circuit | 2023-04-10 | Denied | Relisted (2)IFP | causation exhaustion informed-consent medical-malpractice relief-claim statute-of-limitations surgical-procedure unnecessary-surgery | 1. Petitioner Complains That Surgery Was Unneccessary Done October 31,2016: 2. Petitioner Complains Surgery Done By Means /rRbsults OfoUninformed Con… |
| 22-809 | Texas State LULAC, et al. v. Lupe C. Torres, in Her Official Capacity as the Medina County Elections Administrator, et al. | Fifth Circuit | 2023-02-27 | Denied | Response RequestedResponse WaivedRelisted (2) | causation circuit-split first-amendment government-act injury mens-rea self-censorship standing | 1. To have standing to challenge an unlawful government act, must a plaintiff show that the act is the sole cause of its injury, as the Fifth Circuit … |
| 22-482 | Kevin Kerveng Tung, P.C., et al. v. Janet Yijuan Fou | New Jersey | 2022-11-21 | Denied | Relisted (2) | attorney-fees causation causation-damages constitutional-rights damages due-process jury-award legal-malpractice | 1. Whether the Petitioner's constitutional right to due process was violated when the Appellate Division of the Superior Court of New Jersey substitut… |
| 22-197 | Yvonne T. Massaro v. New York City Department of Education, et al. | Second Circuit | 2022-09-02 | Denied | Response Waived | adea age-discrimination burlington-northern causation causation-standard continuing-violation discrete-acts employment-retaliation hostile-work-environment pattern-and-practice retaliation | Following Burlington Northern & Santa Fe Railway v. White, this Court held that employers are liable for retaliation under the ADEA for conduct that "… |
| 21-8116 | Demarco Tempo v. United States | Sixth Circuit | 2022-06-10 | Denied | Response WaivedIFP | but-for-causation causation criminal-law death-enhancement drug-statute due-process jury-instructions pinkerton-liability proximate-cause sentencing statutory-interpretation | I. Should the government be required to prove proximate cause in addition to but-for causation for the "death results" enhancement in 21 U.S.C. § 841?… |
| 21-7770 | Crystal Jackson v. Sheraton New York Times Square Hotel | Second Circuit | 2022-05-04 | Denied | Response WaivedRelisted (2)IFP | 7th-amendment causation civil-procedure employment-discrimination mixed-motive retaliation seventh-amendment summary-judgment title-vii trial-by-jury | 1. Weather the United States Court of Appeals for the Second Circuit has decided an important question of federal law in a way that conflicts with r… |
| 21-7759 | Mikkel McKinnie v. United States | Fourth Circuit | 2022-05-03 | Denied | Response WaivedIFP | 21-usc-841 8th-amendment burrage-precedent causation drug-offense drug-related-death due-process guideline-range sentencing sentencing-reasonableness upward-variance | I. Whether the Lower Courts Erred in Not Applying the Court's Precedent in Burrage v. United States, 571 U.S. 204 (2014), to Upward Variances When a D… |
| 21-1231 | Priscilla Lefebure v. Samuel D'Aquilla, Individually and in His Official Capacity as District Attorney | Fifth Circuit | 2022-03-10 | Denied | Amici (4) | article-iii-standing causation civil-rights damages discriminatory-policy district-attorney due-process equal-protection sexual-assault standing | Whether a rape victim has Article III standing to sue for damages when the invidiously discriminatory policies of a district attorney's office are cau… |
| 21-6915 | Maxwell Gaffney v. United States | Ninth Circuit | 2022-01-20 | Denied | Response WaivedIFP | burden-of-proof causation criminal-law criminal-statute drug-distribution drug-trafficking federal-law foreseeability judicial-review jury-instructions proximate-cause sentencing | Kyle Rodriguez died after voluntarily using heroin. The government proved to a jury he bought it from Petitioner Maxwell Gaffney. The Government also … |
| 21-733 | Clyde Dandridge v. Walmart Stores, Inc. | Eleventh Circuit | 2021-11-17 | Denied | Response Waived | burden-shifting causation civil-rights eeoc eeoc-charge employment-discrimination mcdonnell-douglas retaliation title-vii | The question presented which has caused a split in the Circuit Courts of Appeal application of the law pertaining to Retaliation cases under Title VII… |
| 21-6177 | Richard Leroy Parker v. United States | Eighth Circuit | 2021-11-04 | Denied | Response WaivedIFP | and whether complying with that order is valid co causation civil-rights consent due-process fourth-amendment law-enforcement medical-examiner seizure | (1) Whether a law enforcement officer's order to "just kinda stay here" results in a seizure under the Fourth Amendment, and whether complying with th… |
| 21-6111 | Jonas Ross, III v. United States | Eighth Circuit | 2021-10-29 | Denied | Response WaivedIFP | burrage-standard burrage-v-united-states but-for-causation causation circuit-split controlled-substance controlled-substances criminal-law drug-distribution eighth-circuit evidence | WHETHER THE EIGHTH CIRCUIT'S CONCLUSION THAT MR. ROSS DISTRIBUTED THE CONTROLLED SUBSTANCE THAT RESULTED IN THE DEATH OF K.P. IS IN CONFLICT WITH THIS… |
| 21-598 | Dipankar Chandra v. Leonardo DRS, Inc., et al. | Texas | 2021-10-25 | Denied | Response Waived | causation civil-procedure federal-jurisdiction statute-of-limitations summary-judgment TWCA-claim | Can the judgment of the court below, which granted Respondents' Motion for Summary Judgment regarding Petitioner's claims for negligence, gross neglig… |
| 21-5661 | Raymond Moya v. United States | Tenth Circuit | 2021-09-14 | Denied | Response WaivedIFP | causation causation-of-death criminal-law criminal-procedure drug-distribution evidence evidence-suppression expert-testimony motion-in-limine motion-to-dismiss | PROPOSITION ONE: Whether the District Court erred in denying Moya's Motion to Dismiss Count 2 in that there was insufficient evidence that the heroin … |
| 21-5595 | Jovan Marquis Harris v. United States | Eighth Circuit | 2021-09-08 | Denied | Response WaivedIFP | burrage-standard burrage-v-united-states causation criminal-law criminal-statute drug-crimes drug-distribution due-process overdose proximate-cause sentencing sentencing-enhancement | 1.) WHETHER, FOR PURPOSES OF TITLE 21 U.S.C. §841(A)(1) AND (B)(1) (C)'S ENHANCED PENALTY "IF DEATH RESULTS " FROM THE USE OF A SUBSTANCE, REQUIRES P… |
| 21-136 | Melanie Pelcha v. Watch Hill Bank | Sixth Circuit | 2021-08-02 | Denied | adea age-discrimination but-for-causation but-for-test causal-standard causation employment employment-law summary-judgment workplace-termination | 1. Does the Age Discrimination in Employment Act (ADEA) require the plaintiff to prove that age was the sole reason for her termination? 2. Is the em… | |
| 21-5208 | Samuel W. Wani v. George Fox University, et al. | Ninth Circuit | 2021-07-23 | Denied | Response WaivedIFP | abuse-of-discretion causation discovery discovery-violation expert-testimony fair-trial insurance-policy medical-malpractice medical-records standard-of-care | 1) Wani's failure to provide expert testimony regarding the standard of care and causation. I did provide expert testimony regarding the standard of c… |
| 20-1715 | Denise Taylor-Travis v. Jackson State University | Fifth Circuit | 2021-06-11 | Denied | Response Waived | causation causation-standard civil-rights due-process jury-instructions privacy-rights public-records-act retaliation title-ix | 1. The jury was told that for petitioner to prove her claim of retaliation, she must show she was terminated "solely as a consequence" of her protecte… |
| 20-7632 | Shannon D. Hixon v. United States | Sixth Circuit | 2021-04-01 | Denied | Response WaivedIFP | causation criminal-law criminal-statute death-results drug-overdose drug-trafficking due-process foreseeable-result jury-instruction jury-instructions sentencing | WHETHER A DEFENDANT MAY BE CONVICTED UNDER THE "DEATH RESULTS" PROVISION OF 21 U.S.C. § 841(b)(1)(C) WITHOUT INSTRUCTING THE JURY THAT IT MUST DECIDE … |
| 20-1061 | Dantzler, Inc., et al. v. S2 Services Puerto Rico, LLC, et al. | First Circuit | 2021-02-03 | Denied | article-iii-standing causation circuit-split federal-court federal-jurisdiction injury judicial-standing standing third-party third-party-action | Is the causal connection required for standing satisfied when it is substantially likely that a third party in the chain of causation will respond to … | |
| 20-6563 | Isaiah Devon Stallworth v. United States | Fourth Circuit | 2020-12-08 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeals causation civil-rights court-of-appeals due-process federal-courts fourth-circuit habeas-corpus judicial-review legal-standard petitioner standing | Whether the Fourth Circuit erred by concluding that Petitioner had not made the requisite showing by reference to a (CoA), when two courts of appeals … |
| 20-6108 | Antoine Washington v. United States | Fourth Circuit | 2020-10-22 | Denied | Response WaivedIFP | 21-usc-841 burrage-precedent burrage-v-united-states but-for but-for-causation causation causation-standard criminal-law drug-sentencing forensic-pathology statutory-interpretation | I. Whether the "special rule" exception to but-for causation mentioned in dicta in Burrage v. United States, 571 U.S. 204 (2014) is inapplicable to an… |
| 20-199 | George Charles Clark v. Inco Champion National Security, Incorporated | Fifth Circuit | 2020-08-20 | Denied | ada-disability-discrimination ada-discrimination causation circuit-conflict direct-evidence disability-accommodation employment-termination reasonable-accommodation retaliation summary-judgment | 1. What is the standard under the ADA applicable to firing an employee for conduct caused by a disability? 2. Is it a reasonable accommodation to mod… | |
| 20-58 | Anita Smith v. Vestavia Hills Board of Education | Eleventh Circuit | 2020-07-24 | Denied | but-for-causation causation causation-standard civil-rights discrimination-claim motivating-factor pleading summary-judgment title-vii | Nearly thirty years ago, Congress replaced Title VII's but-for causation standard with the "more forgiving" motivating factor standard. Bostock v. Cla… | |
| 19-1436 | Denise DeMartini v. Town of Gulf Stream, Florida | Eleventh Circuit | 2020-06-30 | Denied | 42-usc-1983 causation civil-lawsuit civil-litigation civil-rights first-amendment first-amendment-retaliation municipal-liability probable-cause retaliation section-1983 | Did the Eleventh Circuit err in importing a "lack of probable cause" requirement for a First Amendment retaliation claim under 42 U.S.C § 1983 arising… | |
| 19-1400 | Rehabilitation Center at Hollywood Hills, LLC v. State of Florida, Agency for Health Care Administration | Florida | 2020-06-23 | Denied | administrative-law causation due-process license-revocation licensure-revocation mitigating-evidence notice opportunity-to-be-heard strict-liability substantial-causes | As a Licensee facing revocation, the most severe punishment possible, the Licensee has a fundamental due process right to meaningful notice and opport… | |
| 19-8158 | Lucas Heindenstrom v. United States | First Circuit | 2020-04-02 | Denied | Response WaivedIFP | 18-usc-3553 causation causation-standard fentanyl fentanyl-death harmless-error sentencing-guidelines statutory-sentencing upward-departure | Is applying the wrong causation standard when upwardly departing under the sentencing guidelines or upwardly varying under the statutory sentencing fa… |
| 19-8133 | Jorge A. Martinez v. United States | Sixth Circuit | 2020-03-31 | Dismissed | Response WaivedIFP | but-for-causation causation constitutional-rights conviction-notice criminal-conviction criminal-law due-process health-care-fraud judicial-notice statutory-interpretation | 1. WHETHER THE 'BUT-FOR' TEST OF GENERAL CAUSATION IS SYNONYMOUS TO THE STATUTORIAL ELEMENT OF ACTUAL CAUSATION IN THOSE STATUTES LIKE 18 USCS § 1347H… |
| 19-7909 | Sidney P. Kilmartin v. United States | First Circuit | 2020-03-09 | Denied | Response WaivedIFP | assisted-suicide causation civil-rights due-process first-circuit free-speech legal-reasoning mail-fraud mailing-an-injurious-article mailing-injurious-article statutory-interpretation | Question not identified. |
| 19-7660 | Ronald Blue West v. United States | Third Circuit | 2020-02-19 | Denied | Response WaivedIFP | administrative-exhaustion breach-of-duty causation civil-rights constitutional-rights damages duty-of-care federal-tort-claims-act prisoner-protection subject-matter-jurisdiction | In 2015, I Ronald Blue West, was incarcerated at the FCI-Allenwood Federal Correctional Institution in White Deer, Pa. 'Pennsylvania. West, file a civ… |
| 19-1008 | Jim C. Hodge, et al. v. United States | Fifth Circuit | 2020-02-12 | Denied | but-for-causation causation causation-standard false-claims-act foreseeability fraud legal-elements proximate-cause substantial-factor | Whether the causation element standard under the False Claims Act is proximate cause, requiring both that the harm was foreseeable and that the false … | |
| 19-995 | Michael J. Murray v. Mayo Clinic, et al. | Ninth Circuit | 2020-02-10 | Denied | americans-with-disabilities-act causation causation-standard congressional-intent disability-discrimination discrimination motivating-factor statutory-interpretation | The Americans with Disabilities Act (ADA) forbids discrimination "on the basis of" disability, but does not specifically set forth the standard to be … | |
| 19-7522 | Dedrick Matthews v. Louisiana | Louisiana | 2020-01-31 | Denied | Response WaivedIFP | and whether the admission of blood test results w birchfield-precedent birchfield-v-north-dakota causation causation-analysis criminal-procedure fourth-amendment probable-cause search-and-seizure vehicular-homicide vehicular-negligence | (1) Was defendant's conduct a substantial factor in causing the victim's death or serious bodily injury, when the accident would have occurred without… |
| 19-7183 | Malcolm William v. Pennsylvania | Pennsylvania | 2020-01-06 | Denied | Response WaivedIFP | causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree | 1. Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree, as *there is insufficient evidence to sust… |
| 19-6865 | Delante L. Lunn v. United States | Sixth Circuit | 2019-12-05 | Denied | Response WaivedIFP | but-for-causation but-for-test causation criminal-law criminal-sentencing drug-distribution drug-offenses drug-overdose mandatory-minimum overdose-causation sentencing statutory-interpretation | Whether this Honorable Court should re-evaluate the but-for test established by Burrage v. United States, 571 U.S. 204 (2014) for mixed drug overdoses… |
| 19-497 | The Inclusive Communities Project, Inc. v. Lincoln Property Company, et al. | Fifth Circuit | 2019-10-17 | Denied | Response RequestedResponse WaivedRelisted (2) | causation disparate-impact fair-housing-act pleading pleading-requirements policy-challenge prima-facie-claim racial-discrimination racial-segregation robust-causality standing texas-v-icp | 1. Whether the pleading of an FHA prima facie disparate impact claim must show the identified policy not only has caused the adverse effects on the ra… |
| 19-437 | John Paterno v. City of New York, et al. | Second Circuit | 2019-10-02 | Denied | Response Waived | 14th-amendment causation causative-nexus civil-procedure civil-rights due-process legal-entitlements pleadings procedural-claim standing stigma-plus temporal-proximity | 1. Whether the Second Circuit, in a " stigma -plus" case, erred in affirming the District Court 's dismissal of Petitioner 's procedural Due Process… |
| 19-369 | Ford Motor Company v. Adam Bandemer | Minnesota | 2019-09-19 | Judgment Issued | Amici (1)Relisted (2) | burger-king causation civil-procedure due-process forum-contacts minimum-contacts personal-jurisdiction relatedness specific-jurisdiction | Whether the "arise out of or relate to" requirement is met when none of the defendant's forum contacts caused the plaintiff's claims, such that the pl… |
| 19-368 | Ford Motor Company v. Montana Eighth Judicial District Court, et al. | Montana | 2019-09-19 | Judgment Issued | Amici (1)Relisted (2) | burger-king causation civil-procedure due-process forum-contacts minimum-contacts personal-jurisdiction relatedness specific-jurisdiction | Whether the "arise out of or relate to" requirement is met when none of the defendant's forum contacts caused the plaintiff's claims, such that the pl… |
| 18-9622 | Essie McDaniel v. Robert Wilkie, Secretary of Veterans Affairs | Ninth Circuit | 2019-06-12 | Denied | Response WaivedIFP | causation civil-rights due-process employment employment-discrimination personnel-practices retaliation summary-judgment title-vii | 1. Whether the Summary judgment in McDaniel's retaliation claim was proper because District Court Judge Dorsey stated that McDaniel failed to raise a … |
| 18-1367 | Norfolk Southern Railway Company v. Mark A. Sumner | Virginia | 2019-04-30 | Denied | Response RequestedResponse WaivedRelisted (2) | burden-of-proof but-for-causation but-for-cause causation civil-procedure common-law employee-injury federal-employers-liability-act federal-employers-liability-act-fela fela negligence proximate-cause railroad-liability | Whether FELA permits liability when the plaintiff cannot meet the common-law standard of proof for but-for causation. |
| 18-1185 | Charter Communications, Inc. v. National Association of African American-Owned Media, et al. | Ninth Circuit | 2019-03-13 | GVR | Relisted (5) | 1981 but-for but-for-causation causation civil-rights civil-rights-act editorial-decisions editorial-discretion first-amendment hurley hurley-v-irish-american motivating-factor section-1981 | Twice now in the context of federal anti discrimination laws, this Court has instructed that the rule of but -for causation is the "default rule[]" ag… |
| 18-1171 | Comcast Corporation v. National Association of African American-Owned Media, et al. | Ninth Circuit | 2019-03-11 | Judgment Issued | Amici (12)Relisted (4) | 42-usc-1981 but-for-causation causation civil-rights contract-dispute discrimination plausibility-standard pleading race-discrimination section-1981 standing | 1. Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation? 2. Can a plaintiff state a plausible claim fo… |
| 18-7319 | Charles J. Greene v. Alabama Department of Revenue, et al. | Eleventh Circuit | 2019-01-09 | Denied | Response WaivedIFP | alternative-pleading causality causation civil-procedure civil-procedure-pleading-standards civil-procedure-pleading-standards-discovery-causa civil-rights discovery discovery-standards due-process employer-liability federal-rules heightened-pleading-requirements judicial-review pleading-standards | Whether the court of appeals' decision, purporting to follow the principles elucidated by this Court in Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 19… |
| 18-882 | Noris Babb v. Robert Wilkie, Secretary of Veterans Affairs | Eleventh Circuit | 2019-01-09 | Judgment Issued | Amici (2)Relisted (2) | but-for-causation causation civil-rights discrimination federal-employment federal-employment-discrimination personnel-actions retaliation statutory-interpretation title-vii | Whether "shall be made free from any discrimination" permits federal-sector personnel actions that are not made free from any discrimination or retali… |
| 18-746 | County of Los Angeles, California, et al. v. Angel Mendez, et al. | Ninth Circuit | 2018-12-12 | Denied | 42-usc-1983 4th-amendment causation circuit-review civil-rights clearly-erroneous fourth-amendment intervening-event proximate-causation proximate-cause reasonable-force remand search-warrant section-1983 standard-of-review use-of-force warrantless-search | 1. Whether the Ninth Circuit disregarded this Court's clear directives on remand and whether, in a 42 U.S.C. § 1983 action, a plaintiff's injuries res… | |
| 18-689 | Mariano Moya, et al. v. Robert Garcia, Sheriff, Santa Fe County, New Mexico, et al. | Tenth Circuit | 2018-11-26 | Denied | 42-usc-1983 arraignment causation civil-procedure civil-rights constitutional-rights detention due-process section-1983 standing state-court | When a jailer detains a person for an extended period with no access to a court hearing for arraignment and bail review, in violation of his or her Du… | |
| 18-6605 | Joseph Perrone v. United States | Seventh Circuit | 2018-11-07 | Denied | Response WaivedIFP | adversarial-proceeding appellate-review burrage-precedent causation causation-standard due-process government-assertions judicial-procedure record standard standard-of-proof united-states-v-burrage | Did the lower courts refuse to follow the decision and 134 S.Ct. 881, 187 L.Ed.2d 715 (2014), and thereby violate fundamental principles of due proces… |
| 18-6321 | Josephloc T. Nguyen v. Kirstjen M. Nielsen, Secretary of Homeland Security | Ninth Circuit | 2018-10-15 | Denied | Response WaivedRelisted (2)IFP | adverse-employment-action causation civil-rights employment-discrimination mixed-motive protected-activity retaliation title-vii | Whether Title VII's retaliation provision and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer would n… |
| 18-446 | City of Taunton, Massachusetts v. Environmental Protection Agency | First Circuit | 2018-10-10 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | agency-deference causation causation-standard chevron-deference clean-water-act due-process effluent-limitations narrative-criteria npdes npdes-permit | (1) Do the Clean Water Act and NPDES rules require a "causation" demonstration beyond a "mere possibility" to impose more restrictive effluent limitat… |
| 18-6036 | Donald S. Harden v. United States | Seventh Circuit | 2018-09-19 | Denied | Response WaivedIFP | causation criminal-statute drug-trafficking mandatory-life-imprisonment mandatory-sentencing proximate-cause racial-disparities rule-of-lenity sentencing-enhancement statutory-interpretation strict-liability | This Court granted certiorari in Burrage v. United States, 569 U.S. 957 (2013), to decide two questions concerning the "death results" sentencing enha… |
| 18-359 | St. Bernard Parish, et al. v. United States | Federal Circuit | 2018-09-19 | Denied | Amici (2) | catastrophic-flooding categorical-exemption causation constitutional-taking due-process flood-control flood-damage government-action government-inaction government-liability property-rights takings takings-clause takings-liability | In Arkansas Game, this Court admonished the Federal Circuit to eschew "blanket exclusionary rules" immunizing the Government from liability in takings… |
| 18-5678 | Lee Andrew Paul v. United States | Eighth Circuit | 2018-08-21 | Denied | Response WaivedIFP | 8th-circuit burrage-causation burrage-v-united-states causation commerce-clause commerce-clause-authority commercial-sex-trafficking constitutional-law criminal-law criminal-statute-construction eighth-circuit-interpretation statutory-elements statutory-interpretation | 1. Whether the Eight Circuit's decision conflicts with the Supreme Court's opinion in Burrage v. United States, 134 S.Ct. 881 (2014), which held that … |
| 18-5532 | Galindo Jose Ruiz-Hernandez v. United States | Fifth Circuit | 2018-08-13 | Denied | Response WaivedIFP | alien-smuggling bodily-injury causation causation-standard criminal-procedure criminal-sentencing due-process foreseeability immigration mens-rea reasonable-foreseeability sentencing-enhancement sentencing-enhancements sentencing-guidelines standard-of-review | Petitioner, GALINDO JOSE RUIZ-HERNANDEZ, was tried and convicted of transporting undocumented aliens within the United States. The District Court adde… |
| 18-86 | The Sherwin-Williams Company v. California | California | 2018-07-18 | Denied | Amici (1)Relisted (3) | causation civil-rights consumer-protection due-process first-amendment free-speech product-promotion public-nuisance retroactive-liability | 1. In conflict with decisions of this Court and the Third Circuit, does the First Amendment permit Cal-ifornia to impose tort liability for truthfully… |
| 18-84 | ConAgra Grocery Products Company, et al. v. California | California | 2018-07-18 | Denied | Amici (2)Relisted (3) | causation century-old-conduct civil-procedure due-process due-process-clause first-amendment injury massive-liability no-proof-of-injury public-nuisance retroactive-liability speech-liability | 1. Whether imposing massive and retroactive "public nuisance" liability without requiring proof that the defendant's nearly century-old conduct caused… |
| 18-24 | Shannon Hyland v. Liberty Mutual Fire Insurance Company | Seventh Circuit | 2018-07-03 | Denied | appellate-review breach-of-contract causation civil-procedure duty-to-defend fact-finding insurance insurance-coverage insurance-litigation judgment-vacatur judicial-proceedings summary-judgment uninsured-motorist | Whether the Court of Appeals so far departed from the accepted and usual course of judicial proceedings when it deliberately removed relevant and unco… | |
| 18-5001 | John Theodore Hancock v. United States | Sixth Circuit | 2018-06-28 | Denied | Response WaivedIFP | burrage-standard but-for-causation causation criminal-law criminal-procedure death-penalty death-resulting due-process jury-instruction jury-instructions sentencing statutory-interpretation | Does a jury instruction that submits the question of whe- ther a death was the result of the accused's offense by simply tracking the statutory lang… |